In a decision that could help more families caring for grandchildren, nieces and nephews, the Federal Court of Appeal has upheld a rural Manitoba grandmother’s right to claim Employment Insurance parental benefits.
The “precedent-setting” ruling, released this month, opens the door to more parents who have left work to look after a child placed in their care by child protection agencies, says the woman’s lawyer.
“All of the previous decisions on cases like this turned on whether the placement was temporary or not,” said lawyer Stephen Moreau of Cavalluzzo Shilton McIntyre & Cornish LLP, who handled the case pro bono. “But in this case, the justices ruled that as long as the true intent of the placement is an eventual adoption, parental benefits are allowed.”
“This case is about people taking time off work for a socially legitimate reason and being supported for that,” added Moreau. “And don’t forget, they pay premiums for that.”
The grandmother, who can’t be named to protect the identity of her foster child, is owed about $10,000. She said she hopes the ruling means no other family will have to go through such a “stressful” battle while trying to care for a vulnerable child.
“I would really like to know how much it cost the government,” said the 41-year-old hospital worker, who now works part time. “I am guessing it would be more than double what the EI claim was for.”
The woman and her husband expect to complete the adoption of their grandson, now 19 months old, by July.
The grandmother’s EI troubles began 2½ years ago when her 20-year-old daughter had a baby. The daughter, who suffers from schizophrenia and psychosis and struggles with drug addiction, was deemed unfit to parent. So child welfare officials placed the baby in the care of the grandparents under the understanding they would eventually adopt the boy.
But when the grandmother took time off work to look after the baby, her application for EI parental benefits was denied because officials said the placement was not yet permanent.
She appealed to the EI Board of Referees and, in October 2011, the board ruled in her favour. She won again in March 2012 after the EI Commission appealed to the EI Umpire.
Last January, federal Human Resources Minister Diane Finley announced the government was extending eligibility for EI parental benefits to foster parents who plan to adopt children in their care.
But last May, despite the federal policy change and two rulings in the grandmother’s favour, (from the EI Board of Commissioners and the EI Umpire,) the EI Commission appealed her case to the Federal Court of Appeal.
The commission argued that since the grandmother had only temporary legal custody of her grandson when she applied for benefits, she didn’t qualify.
But in its decision this month, the court ruled that “to accept that argument would impose a judge-made precondition to eligibility for benefits . . . that is not stated or necessarily implied” by EI legislation.
A spokesperson for Minister Finley said the government is reviewing the ruling.
Original Article
Source: the star
Author: Laurie Monsebraaten
The “precedent-setting” ruling, released this month, opens the door to more parents who have left work to look after a child placed in their care by child protection agencies, says the woman’s lawyer.
“All of the previous decisions on cases like this turned on whether the placement was temporary or not,” said lawyer Stephen Moreau of Cavalluzzo Shilton McIntyre & Cornish LLP, who handled the case pro bono. “But in this case, the justices ruled that as long as the true intent of the placement is an eventual adoption, parental benefits are allowed.”
“This case is about people taking time off work for a socially legitimate reason and being supported for that,” added Moreau. “And don’t forget, they pay premiums for that.”
The grandmother, who can’t be named to protect the identity of her foster child, is owed about $10,000. She said she hopes the ruling means no other family will have to go through such a “stressful” battle while trying to care for a vulnerable child.
“I would really like to know how much it cost the government,” said the 41-year-old hospital worker, who now works part time. “I am guessing it would be more than double what the EI claim was for.”
The woman and her husband expect to complete the adoption of their grandson, now 19 months old, by July.
The grandmother’s EI troubles began 2½ years ago when her 20-year-old daughter had a baby. The daughter, who suffers from schizophrenia and psychosis and struggles with drug addiction, was deemed unfit to parent. So child welfare officials placed the baby in the care of the grandparents under the understanding they would eventually adopt the boy.
But when the grandmother took time off work to look after the baby, her application for EI parental benefits was denied because officials said the placement was not yet permanent.
She appealed to the EI Board of Referees and, in October 2011, the board ruled in her favour. She won again in March 2012 after the EI Commission appealed to the EI Umpire.
Last January, federal Human Resources Minister Diane Finley announced the government was extending eligibility for EI parental benefits to foster parents who plan to adopt children in their care.
But last May, despite the federal policy change and two rulings in the grandmother’s favour, (from the EI Board of Commissioners and the EI Umpire,) the EI Commission appealed her case to the Federal Court of Appeal.
The commission argued that since the grandmother had only temporary legal custody of her grandson when she applied for benefits, she didn’t qualify.
But in its decision this month, the court ruled that “to accept that argument would impose a judge-made precondition to eligibility for benefits . . . that is not stated or necessarily implied” by EI legislation.
A spokesperson for Minister Finley said the government is reviewing the ruling.
Original Article
Source: the star
Author: Laurie Monsebraaten
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